not sure what is going on

[okra77]

We had a 341 meeting on 10/1 it was continued. Our attorney said we would not have to go that she would file the amendments. Our original discharge date was 12/02. Well i checked pacer tonight and a new 341 was scheduled and a new deadline to object has been set at 1/04. What is going on confused.

[kornellred]

You really should be asking your attorney. If there was anything major to be concerned about, it would have been explained to you.

[justbroke]

We had a 341 meeting on 10/1 it was continued. Our attorney said we would not have to go that she would file the amendments. Our original discharge date was 12/02. Well i checked pacer tonight and a new 341 was scheduled and a new deadline to object has been set at 1/04. What is going on confused.

I can't tell you what is going on. Your discharge date should not have moved. Your discharge date should have been around 12/2 and not moved just due to a continuance of the 341 Meeting. Only your attorney can answer this question.

As for whether you will need to attend any newly scheduled 341 Meeting, that is up to the Trustee. If the only thing you have to do are "small" amendments, then you typically do not need to attend the Meeting (just your attorney or maybe not even then). in some cases, the Trustee will even cancel your need to show at the second 341 Meeting. It really depends on exactly what your deficiencies in your petition (bankruptcy filing) are, and what and how quickly your attorney addressed them.

[AngelinaCat]

You need to talk with your attorney ASAP.

Are you / have you been ruled an Asset Case? This 'Enlargement of Time' sounds like what happened with us.

[okra77]

No the pacer says nothing about being ruled an asset case what does that mean?

[AngelinaCat]

Being ruled an Asset Case, means that you have more assets than what can be covered by your allowed exemptions.

The 'Enlargement of Time' is what concerns me. Be on the phone with your attorney first thing Monday for an appointment to see him/her. You need some answers about what is happening. We here on the forum can only speculate....

[okra77]

The last thing filed on pacer was a time paper that extended it to jan and our attorney signed it.

[justbroke]

The last thing filed on pacer was a time paper that extended it to jan and our attorney signed it.

That's the "Enlargement of Time" to file a ddischargeability complaint that Mrs. Cat posted about.

[okra77]

Would the attorney not know about it? If we are an asset case what happens??

[justbroke]

I can't say what the attorney knows. If it is an enlargement of time to file a complaint to determine dischargeability, that would move your discharge date. If it's just an enlargement of time to file some required documents, that should not move the automatically move the discharge date. Either way, you could only get specifics from your attorney because we do not know what your attorney and Trustee worked out to overcome the deficiencies (or corrections) to your schedules.

As for an asset case, that should have no bearing on your discharge. If you are an asset case, that just means that there is either non-exempt property or some avoidable transfers which the Trustee would seek to liquidate/recover. You should already have a general idea as to whether you are an asset case or not because a.) it is listed on your petition and on PACER (for PACER just look at the top of the screen after you search your case and you should see something that reads "Asset:"), b.) the Trustee told you at the 341 Meeting that they are seeking to recover property, or c.) there are "late discovered" assets.

[AngelinaCat]

The last thing filed on pacer was a time paper that extended it to jan and our attorney signed it.

Read the document thoroughly. It will contain language to the effect of: "It having been discovered that there are additional assets in this case, the time for Creditors to file objections to the discharge of their claims is hereby extended to...."

Understand, I am paraphrasing what was in OUR documentation. We knew going in that we had more assets then what are covered by Florida exemptions. This was one of the few things our attorney DID tell us, so this was not a surprise when the document appeared on PACER with a couple of paper copies following in the mail.

Your situation may be different.